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ABI Journal

December 16, 2022

Lack of Familiarity with PACER Is No Excuse for a Late Filing, Tenth Circuit Says

Some tasks are too complex for lawyers and should be performed by paralegals.

10th Circuit

December 14, 2022

Strict Rule Compliance Not Required for Serving a Complaint, Circuit Says

The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.

8th Circuit

December 12, 2022

For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency

A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.

2nd Circuit, New York, New York Southern District

December 09, 2022

Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception

Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.

3rd Circuit, Delaware

December 08, 2022

Bartenwerfer Argument Invites the Supreme Court to Depart from ‘Plain Meaning’

Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?

Supreme Court

December 07, 2022

Supreme Court Hears Argument on Section 363(m): Is It Jurisdictional or Not?

The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.

Supreme Court

November 28, 2022

A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees

Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 17, 2022

Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

2nd Circuit

November 14, 2022

Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

2nd Circuit

November 11, 2022

No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers

Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.

2nd Circuit, New York, New York Southern District